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UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF ILLINOIS

NOTICE TO INDIVIDUAL CONSUMER DEBTOR UNDER § 342 (b)

OF THE BANKRUPTCY CODE

In accordance with § 342 (b) of the Bankruptcy Code, this notice: (1) Describes briefly the services available from credit 

counseling services; (2) Describes briefly the purposes, benefits and costs of the four types of bankruptcy proceedings you may 

commence; and (3) Informs you about bankruptcy crimes and notifies you that the Attorney General may examine all information you 

supply in connection with a bankruptcy case. 

You are cautioned that bankruptcy law is complicated and not easily described. Thus, you may wish to seek the advice of an 

attorney to learn of your rights and responsibilities should you decide to file a petition. Court employees can not give you legal advice.

Notices from the bankruptcy court are sent to the mailing address you list in your bankruptcy petition. In order to ensure that you 

receive information about events concerning your case, Bankruptcy Rule 4002 requires that you notify the court of any changes in 

your address. If you are filing a joint case (a single bankruptcy case for two individuals married to each other), and each spouse lists 

the same mailing address on the bankruptcy petition, you and your spouse will generally receive a single copy of each notice mailed 

from the bankruptcy court in a jointly addressed envelope, unless you file a statement with the court requesting that each spouse 

received a separate copy of all notices.

1. Services Available from Credit Counseling Agencies

With limited exceptions, § 109(h) of the Bankruptcy Code requires that all individuals debtors who file

for bankruptcy relief on or after October 17, 2005, receive a briefing that outlines the available opportunities for credit 

counseling and provides assistance in performing a budget analysis. The briefing must be given within 180 days before the 

bankruptcy filing. The briefing may be provided individually or in a group (including briefings conducted by telephone or on the 

internet) and must be provided by a nonprofit budget and credit counseling agency approved by the United States trustee or 

bankruptcy administrator. The clerk of the bankruptcy court has a list that you may consult of the approved budget and credit 

counseling agencies.

In addition, after filing a bankruptcy case, an individual debtor generally must complete a financial management 

instructional course before he or she can receive a discharge. The clerk also has a list of financial management instructional 

courses. Each debtor in a joint case must complete the course.

2. The Four Chapters of the Bankruptcy Code Available to Individual Consumer Debtors 

Chapter 7: Liquidation ($245 filing fee, $75 administrative fee, $15 trustee surcharge: Total Fee $335)

Chapter 7 is designed for debtors in financial difficulty who do not have the ability to pay their existing debts. Debtors whose

debts are primarily consumer debts are subject to a “means test” designed to determine whether the case should be permitted to 

proceed under chapter 7. If your income is greater than the median income for your state of residence and family size, in some cases, 

creditors have the right to file a motion requesting that the court dismiss your case under § 707(b) of the Code. It is up to the court to 

decide whether the case should be dismissed.

Under chapter 7, you may claim certain of your property as exempt under governing law. A trustee may have the right to take

possession of and sell the remaining property that is not exempt and use the sale proceeds to pay your creditors.

The purpose of filing a chapter 7 case is to obtain a discharge of your existing debts. If, however, you are found to have

committed certain types of improper conduct described in the Bankruptcy Code, the court may deny your discharge and, if it does, the 

purpose for which you filed the bankruptcy petition will be defeated.

Even if you receive a general discharge, some particular debts are not discharged under the law. Therefore, you may still be

responsible for most taxes and student loans; debts incurred to pay nondischargeable taxes; domestic support and property settlement 

obligations; most fines, penalties, forfeitures and criminal restitution obligations; certain debts which are not properly listed in your 

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bankruptcy papers; and debts for death or personal injury caused by operating a motor vehicle, vessel, or aircraft while intoxicated 

from alcohol or drugs. Also, if a creditor can prove that a debt arose from fraud, breach of fiduciary duty, or theft or from a willful and 

malicious injury, the bankruptcy court may determine that the debt is not discharged.

Chapter 13: Repayment of All or Part of the Debts of an Individual with Regular Income ($235 filing fee, $75

administrative fee: Total fee $310)

Chapter 13 is designed for individuals with regular income who would like to pay all or part of their debts in installments 

over a period of time. You are eligible for chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy 

Code.

Under chapter 13, you must file with the court a plan to repay your creditors all or part of the money that you owe them, 

using your future earnings. The period allowed by the court to repay your debts may be three years or five years depending upon your 

income and other factors. The court must approve your plan before it can take effect.

After completing the payments under your plan, your debts are generally discharged except for domestic support obligations; 

most student loans; certain taxes; most criminal fines and restitution obligations; certain debts which are not properly listed in your 

bankruptcy papers; certain debts for acts that caused death or personal injury; and certain long term secured obligations.

Chapter 11: Reorganization ($1167 filing fee: $550 administrative fee: Total fee $1717)

Chapter 11 is designed for the reorganization of a business but is also available to consumer debtors. Its provisions are quite 

complicated, and any decision by an individual to file a chapter 11 should be reviewed with an attorney.

Chapter 12 : Family Farmer or Fisherman ($200 filing fee, $75 administrative fee: Total fee $275)

Chapter 12 is designed to permit family farmers and fishermen to repay their debts over a period of time from future earnings and is 

similar to chapter 13. The eligibility requirements are restrictive, limiting its use to those whose income arises primarily from a 

family-owned farm or commercial fishing operation.

3. Bankruptcy Crimes and Availability of Bankruptcy Papers to Law Enforcement Officials

A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury, either 

orally or in writing, in connection with a bankruptcy case is subject to a fine, imprisonment, or both. All information supplied by a 

debtor in connection with a bankruptcy case is subject to examination by the Attorney General acting through the Office of the United 

States Trustee, the Office of the United States Attorney and other components and employees of the Department of Justice.

WARNING: Section 521(a)(1) of the Bankruptcy Code requires that you promptly file detailed information regarding your creditors, 

assets, liabilities, income and general financial condition. Your bankruptcy case may be dismissed if this information is not filed with 

the court within the time deadlines set by the Bankruptcy Code, the Bankruptcy Rules and the local rules of the court. The documents 

and deadlines for filing them are listed on Form B200, which is posted at 

http://www.uscourts.gov/bkforms/bankruptcy_forms.html#procedure. 

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